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Man given jail term for bomb threat; others enter pleas

A Montgomery County man was given a county prison term on Tuesday afternoon in Carbon County court after pleading guilty to a bomb threat and related count. He was one of 16 defendants in pending cases to enter a guilty plea before Judge Joseph J. Matika.

Kidder incidentTimothy Francis Duggan Jr., 29, of Norristown, was sentenced to serve six to 12 months on charges of bomb threat and false alarms. He was arrested by Kidder Township police for phoning in a bomb threat to the Boulder View Tavern, Lake Harmony, on March 24.Duggan claimed he called the tavern because he was upset with his girlfriend, who was pregnant with their child, and went to the tavern to drink. He said he wanted to stop her and made the call claiming a bomb was set to go off in the tavern. The tavern was evacuated by police with emergency agencies responding.Duggan got a big break from the court when Matika ordered the prison term run concurrent with a sentenced imposed earlier this month in Montgomery County of nine to 18 months for a probation violation.Matika also ordered Duggan to get a mental health evaluation and follow any recommendation for treatment, supply a DNA sample and pay the $250 fee, and render 75 hours of community service when released on parole. He was given credit for 135 days spent in jail on the charges.Other pleasOther defendants who entered pleas included:Joshua Polcinik, 24, of Lehighton, pleaded in three pending cases. He pleaded to two counts of criminal conspiracy-theft, and one count of theft from a vehicle. He was arrested for incidents in which vehicles were entered and items removed. The incidents occurred on April 3, 2010. Two of the cases occurred in Lehighton and the third in Palmerton.Polcinik was previously placed in the county's Accelerated Rehabilitation Disposition (ARD) probation program for first time offenders but was revoked from it.Matika placed him on probation for a year on all counts, all running concurrently, and ordered he make total restitution of $293.46, which is his share as there are co-defendants in the cases, and render 50 hours of community service.Andre Chudyk, 42, of Marlton, N.J., pleaded to one count each of fleeing or attempting to elude police and resisting arrest. A driving under the influence (DUI) charge was dropped.Chudyk was arrested on Oct. 6, 2011, along the northeast extension of the turnpike in Kidder Township by state police at Pocono. Troopers responded to a report of a car being driven northbound with the driver holding a child on his lap.Troopers found the vehicle, operated by Chudyk, and him holding his four-year-old daughter behind the wheel.Matika noted a medical report submitted from two physicians said Chudyk was suffering from a bipolar condition at the time and an altered mental state.Matika placed him on probation for a year on both counts, concurrent, and ordered he get both a drug and alcohol (D&A) and mental health evaluations, and render 50 hours of community service.Robert T. Fisher Sr., 47, of Bethlehem, pleaded in two pending cases. He pleaded to one count each of theft, as a felony three, and possession of drug paraphernalia. He was arrested on the theft count on Aug. 10, 2011, by state police at Lehighton for removing copper wire from the Alliance Sand Co. site in Lower Towamensing Township. The drug charge stems from a Dec. 14, 2011, incident along Bear View Drive, in Penn Forest Township, where troopers found him with a device to smoke methamphetamine. Matika deferred sentencing to a later date.Eric Jon Gross, 47, of Slatington, pleaded to one count of DUI. She was arrested on April 3 along Delaware Avenue in Palmerton, where he was stopped for speeding by state police. Given a test, the result was .16BAC.Matika placed him on probation for six months and ordered he get a D&A evaluation, pay a fine of $300, zero tolerance on D&A use, and render 25 hours of community service.Peter L. Napoli, 52, of Lehighton, pleaded to one count of DUI. He was arrested on April 27 along Canal St., in Franklin Township, by state police at Lehighton. Given a test, the result was .28BAC.He was placed on probation for six months and ordered to pay a fine of $300, get a D&A evaluation, and zero tolerance on D&A use.Nathan D. Pfeiffer, 20, of Weatherly, pleaded to one count of DUI. He was arrested on March 24 along Buck Mountain Road, in Weatherly. Given a test, the result was .16BAC. He was previously placed in the county's Accelerated Rehabilitation Disposition (ARD) probation program for first time offenders but was revoked from it after being arrest again for DUI.Matika told Pfeiffer that two DUI charges for a person still not old enough to legally drink alcohol is a very bad sign and that he better do something about an apparent abuse problem.Matika sentenced him to serve 20 days to six months in jail, a fine of $300, one year license suspension, get a D&A evaluation, zero tolerance on D&A use, and render 25 hours of community service.He began the jail term immediately.Randy Pastor, 19, of Palmerton, pleaded to one count of aggravated assault, as a felony two. He was arrested on June 1 when police responded to his residence to a report of a domestic incident in which a woman was being assaulted.On scene Officer Christopher T. Ritter found Pastor in a hallway wielding a large sword over his head. Ritter had to use is taser to subdue Pastor.Pastor admitted to a mental health problem which he is currently receiving treatment and is on medication.Matika deferred sentencing to a later date until Pastor's medical records can be reviewed by the court.Nancy Bell Kuhn, 52, of Jim Thorpe, pleaded to one count of persistent disorderly conduct. She was arrested on July 16 at the Franklin Township Fire Company. Police arrived on scene and found Kuhn causing a disturbance, highly intoxicated, and using profanities.Matika placed her on probation for six months and ordered her to get a D&A evaluation, zero tolerance on D&A use, and render 25 hours of community service.Michael Vereen, 31, of Tamaqua, pleaded to one count of possession of a small amount of marijuana. He was arrested on Oct. 3, 2011, at the Country Inn Suites in Franklin Township where state police at Lehighton responded to a report of a drug incident.He spent eight days in jail on the charge.Matika imposed a fine of $200.Daniel Faille, 24, of Lansford, pleaded to one count of DUI. He was arrested on March 4 along SR902 in Summit Hill. Given a test, the result was .17BAC.Matika placed him on probation for six months and ordered he get a D&A evaluation, zero tolerance on D&A use, and render 25 hours of community service. It was noted he has another DUI charge pending.Barry Lee Mills, 67, of Palmerton, pleaded to one count of possession of a controlled substance. He was arrested by agents of the state Attorney General's office after they served a search warrant on his residence. Found in the home were 17 tablets of opana, which he had no prescription.Matika deferred sentencing so Mills could apply for placement in the county's Intermediate Punishment Program ((IPP).Derrick John Chris Smith, 41, of Easton, pleaded to one count of theft. He was charged for an incident at the Giant Market in Mahoning Township that occurred on June 8, 2011. He was charged with taking $42.89 worth of merchandise. A retail theft count was dropped in a plea agreement.Matika placed him on probation for a year and ordered he render 50 hours of community service.Cybil Ann Whitby, 27, of Kunkletown, pleaded to one count of possession for drug paraphernalia. She was arrested on March 15 at the state police barracks in Towamensing Township where she was there for an interview in another case. While there she admitted to having a needle on her that was used for illegal drug activity.Matika placed her on probation for six months and ordered her to get a D&A evaluation, zero tolerance on D&A use, and render 25 hours of community service.Brandon William Van Blargen, 20, of Drums, Luzerne County, pleaded to one count of possession of marijuana. He was arrested on Feb. 5 by Weatherly police following a traffic stop along Plane St.Matika imposed a fine of $300.James Gerard Downing, 55, of Palmerton, pleaded to one count of DUI. He was arrested on March 3 along Mill Rd., in Lower Towamensing Township, by state police at Lehighton. Given a test, the result was .11BAC.Matika placed him on probation for six months and ordered he get a D&A evaluation, and render 25 hours of community service.Each defendant sentenced must also pay court costs, which average about $1,000, and pay a $50 per month supervision fee while on probation or parole.